Family that lost eight members in Texas church shooting files wrongful death claim against U.S. Air Force

A family that lost eight members in the Sutherland Springs church shooting has filed a wrongful death claim against the U.S. Air Force, which admitted Tuesday to a systematic failure in “training and compliance measures.” (Jay Janner/AP)

A family that lost eight members in the Sutherland Springs church shooting has filed a wrongful death claim against the U.S. Air Force, which admitted Tuesday to a systematic failure in "training and compliance measures."

The Air Force has acknowledged that it neglected to report the gunman's criminal history, which, if reported, should have prevented Devin P. Kelley from legally purchasing the firearms he acquired over the past four years, including the rifle he used in the deadly attack.

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An attorney representing the Holcombe family filed a suit on behalf of their son, Bryan Holcombe, whose life was among the 26 Kelley took. An unborn child was also among the gunman's victims.

The claim states that Holcombe's death "was caused, in whole or in part, by the institutional failures of the United States Department of Defense, including, but not limited to, the United States Air Force."

It goes on to say that "these entities negligently, recklessly, carelessly and/or egregiously failed to report pertinent criminal arrest, conviction and military discharge information of the shooter into a federal database, as was required, which would have prevented and barred the shooter from purchasing, owning, and/or possessing the firearms, ammunition and body armor that he used in the shooting."

In 2012, Kelley was convicted on two counts of domestic assault. Court documents show he pleaded guilty to striking, choking, kicking and pulling his then-wife's hair, and striking his young stepson "on the head and body with a force likely to produce death or grievous bodily harm."

The Holcombe family lost eight members when gunman Devin Kelley opened fire on a Sutherland Springs church. (RICK WILKING/REUTERS)

An investigation by the U.S. Air Force found several dozen cases in which the military failed to report service members convicted of serious crimes to the federal gun background check databases, according to a New York Times report.

The Air Force said Tuesday it has taken immediate action "to correct reporting deficiencies and prevent future occurrences."

The review found that the responsible Air Force personnel "did not report required information to civilian law enforcement in the Kelley case."

The review also found that the error "was not an isolated incident and similar reporting lapses occurred at other locations."